Although sound recordings were first given federal copyright protection in 1972, sound recordings made before February 15, 1972 remained protected under state law rather than under the federal copyright statute.

This recording is protected by state copyright laws in the United States.

In July 2012, New York State Supreme Court Judge Barbara Kapnick ruled that pre-1972 recordings are protected under the "safe harbor" provision of the Digital Millennium Copyright Act, although the implications of the ruling are unclear.

Sound recordings, and broadcast and cable programmes, are protected for fifty years from first transmission.

But foreign recordings were not protected before 1971, when the law was changed, so no royalties go to the performers or to the original record company.

Under W.T.O. rules, member states must adjust their intellectual property rules so that all sound recordings released after 1946 are protected for at least 50 years.

But it contended that the Cleveland Orchestra's "unique" 1961 recording of his Ninth Symphony was protected, and asked for a total of $7 million in compensatory and punitive damages.

These recordings were protected by state commerce and business laws passed at the time in the absence of applicable federal laws and were never truly "public domain".

As part of its claim, Playboy also alleges that "each defendant either knew, or should have reasonably known, that the sound recording was protected by copyright."

The label set out to systematically assemble comprehensive collections of jazz recording by hundreds of artists previously issued on 78 rpm records as the European mechanic copyright laws allowed (issued recordings are protected for 50 years) and issue them on compact disc.